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Corporate: Negotiating Strategies for the Sale of Technology Companies

The number of mergers and acquisitions of private technology companies continue to increase. Established companies often have inadequate in-house development resources, a large pile of cash, and a need to prove to their...more

Structure your start-up for fundraising success - Part One

If you’ve determined that your new venture is going to require outside investment, there are a number of things you can do to make your company more attractive to investors... 1. Keep it simple! There are any number...more

Budding Family Business Entrepreneur? Top Three Legal Tips You Need to Know

A recent New Tech Seattle event at the Seattle Center brought together a group of interesting budding entrepreneurs. Discussions with several people led to the realization that many of them are facing the same basic legal...more

Into the Breach: Tips for Effectively Partnering With Outside Counsel in the Data Breach Planning Process

Target recently announced that the total cost of its data breach response efforts since late 2013 now exceeds $252 million (approximately $90 million of that has been offset by insurance proceeds). Such news, particularly...more

SEC Creates New Financing Opportunity

Chairwoman Mary Jo White recently presided over an open meeting of the U.S. Securities and Exchange Commission at which the Commission followed the recommendation of the Division of Corporation Finance to adopt final rules...more

Inadequate Internal Controls Cost Tech Firm $750,000

Without admitting or denying the U.S. Securities and Exchange Commission’s findings, Polycom Inc. settled with the agency on Tuesday, March 31, 2015, over alleged insufficient internal controls and disclosure violations for...more

Understanding SBA’s Proposed Rule Changes For The Mentor-Protégé Program And Limitations On Subcontracting

In This Presentation: - Two new proposed rules from SBA: - Mentor-protégé program for all small businesses - Limitations on subcontracting - Both rulemakings contain many other proposals that...more

Reps. Burgess, Blackburn and Welch Release Data Breach Bill

On Thursday, March 12, 2015, House Energy & Commerce Subcommittee on Commerce, Manufacturing, and Trade Chairman Michael Burgess (R-TX), along with Reps. Marsha Blackburn (R-TN) and Peter Welch (D-VT), released draft text of...more

Sharing Sensitive Technologies Between International Affiliates

In the normal course of operations between U.S. and foreign affiliates, inter-company communications and data conveyances are frequent and occur both intentionally and inadvertently. The U.S.-foreign affiliation can be in the...more

SEC Enforcement Director Discusses Issues for Pharmaceutical and Medical Technology Companies

In a wide-ranging speech on Tuesday, Securities and Exchange Commission Director of Enforcement Andrew Ceresney discussed recent SEC actions and current concerns involving the pharmaceutical and medical technology industries....more

Disruptive Changes on the Horizon for Federal COTS Software Supply

Action Item: Firms making commercial off-the-shelf ("COTS") software sold to the federal government, or reselling COTS software to the federal government, should respond to the SBA’s recent proposed rule or risk a loss of...more

Upstart 100 List Continues To Solidify Miami as Emerging Tech Startup Platform

Upstart Business Journal’s first-ever Upstart 100 list features two South Florida entrepreneurs. Rony Abovitz, CEO of startup Magic Leap, and Susan Amat, founder of Venture Hive, were both recognized on the Upstart 100 list,...more

Orrick Technology IPO Insights - Q4 2014

Welcome to the Q4 2014 issue of Orrick Technology IPO Insights, a quarterly publication highlighting trends in U.S. information technology company IPOs. We isolate technology companies in order to analyze and present...more

State and Local Taxation: Headline News and Trends

In This Presentation: - Megatrends and Developments - Business Activity Taxes - Transaction Taxes - Other Issues - Excerpt from Megatrends and Developments: PRIVATE LAWSUITS. CHOOSE...more

SEC Advisory Committee on Small and Emerging Companies to Discuss “Accredited Investor” Definition

The Securities and Exchange Commission announced that its Advisory Committee on Small and Emerging Companies (Committee) will hold a public meeting on February 17 to vote on recommendations to the SEC regarding the definition...more

SBA Proposes Subcontracting Reforms and Other Changes

In this presentation: - Hot off the presses: SBA’s proposed rule for the new mentor-protégé program for all small businesses - How the limitations on subcontracting currently work - Changes to the...more

Venture Capital Coast-to-Coast – January 2015

Concern over higher valuations? Apparently not, as $59 billion invested in 2014 breaks the post-crisis record. LPs also set a post-crisis record with $32 billion in commitments to U.S.-based VC funds. PitchBook Data, Inc.,...more

Blog: Opportunities for Small Businesses in the Government Market

The US Government is the single largest purchaser of goods and services in the world, and its annual goal is to award 23% of its prime contract dollars to small businesses. For fiscal 2013, that amounted to nearly $84...more

Uncharted Territory

Entrepreneurs Break New Ground at a Startup Incubator in the U.S. Capital - Tech entrepreneurs talk so much about “making the world a better place” that the phrase has been satirized on the HBO series Silicon Valley....more

The New “Click-Through”?: New York Budget Proposal Requires Marketplace Providers to Collect Tax

On January 21, Governor Cuomo delivered his State of the State address, along with proposing the new budget. The budget has a number of new tax proposals. One of those proposals would have a significant impact on e-commerce...more

Trends in Terms of Venture Financings in Silicon Valley - Third Quarter 2014

Background - We analyzed the terms of 180 venture financings closed in the third quarter of 2014 by companies headquartered in Silicon Valley. Overview of Fenwick & West Results - Valuation results...more

Internet Startups: Beware of Being a Money Transmitter

So, you’ve got a great idea. Social media platforms are all about finding new solutions for old inefficiencies. And what’s more efficient than serving as a platform for an account holder to obtain a single cash payment in...more

What are the Implications of Alice v. CLS? [Video]

While the Supreme Court’s ruling in Alice v. CLS Bank does not mean that software is ineligible for patent protection, the decision leaves many questions on patent eligibility unanswered. In the second video of a two-part...more

While UK tech start-ups face fierce competition for limited investment capital, MoFo’s Top 10 Legal Tips for Tech Start-Ups can...

As demonstrated during this week's inaugural London technology week there are an increasing number of UK start-ups competing for limited investment capital. In this crowded market, how do you make sure that your start-up...more

Calling All Boards of Directors: Four Recommendations from the SEC

SEC Commissioner Luis Aguilar recently spoke at the New York Stock Exchange Conference “Cyber Risks and the Boardroom.” In his speech, Commissioner Aguilar emphasized the importance of cybersecurity and how fast the need for...more

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